Tasmanian Numbered Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2022 (S.R. 2022, NO. 109) - REG 401

Review of control measures
(1)  A person conducting a business or undertaking at a workplace must ensure that any measures implemented to control health risks from exposure to lead at the workplace are reviewed, and as necessary revised, in the following circumstances:
(a) a worker is removed from carrying out lead risk work at the workplace under regulation 415 ;
(b) the person obtains a health monitoring report for a worker under Division 4 of this Part that contains –
(i) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under regulation 415 ; and
(ii) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring; and
(iii) any recommendation that the person conducting the business or undertaking take remedial measures, including a recommendation that the worker be removed from carrying out lead risk work at the workplace;
(c) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;

Examples

1. 

Results of any monitoring.

2. 

A notifiable incident occurs because of the risk.

(d) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;
(e) a new relevant hazard or risk is identified;
(f) the results of consultation by the person under the Act or these regulations indicate that a review is necessary;
(g) a health and safety representative requests a review under subregulation (3) ;
(h) the regulator requires the review;
(i) at least once every 5 years.
Penalty:  In the case of –
(a) an individual, a fine not exceeding $3 600; or
(b) a body corporate, a fine not exceeding $18 000.
(2)  Without limiting subregulation (1)(d) , a change at the workplace includes –
(a) a change to the workplace itself or any aspect of the work environment; or
(b) a change to a system of work, a process or a procedure.
(3)  A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that –
(a) a circumstance referred to in subregulation (1)(a) , (b) , (c) , (d) , (e) or (f) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and
(b) the duty holder has not adequately reviewed the control measure in response to the circumstance.


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